North Carolina Slip and Fall Accident...
(Charlotte, NC, USA)
A female attended a club/bar to see a band on a Friday night and after several alcoholic drinks she fell, injured her shoulder, broke an arm, and had a black eye. Her mother is asking the band to pay for all her daughter's hospital bills, EMS trip, missing work time, etc.
The band did not have a contract with the venue due to the small size of the venue. The venue is saying they are not responsible and the band does not feel they are responsible because they do not own the property nor did they serve the female the alcohol she consumed.
Do you have any idea as to who is liable? This is in the state of North Carolina. Thanks.
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ANSWER for "North Carolina Slip and Fall Accident...":
That sounded like a terrible fall. From the facts you present it would be difficult to assess the band with any liability. Clearly they did not cause your fall. Unless you can show the band owned the venue, or otherwise directly caused you to fall you will have little or no success pursuing the band.
On the other hand the owners of the venue may be liable. To be liable you will have to prove the owners of the venue were negligent in some manner. If you can show their negligence was a contributing factor in your fall and resulting injuries you may prevail in a case against them.
There is a problem though. The Courts in the State of North Carolina, as in many other states, will look closely at your own liability. Because you had “several alcoholic drinks” you will have a difficult time prevailing. The State of North Carolina considers a person intoxicated if they had .08 percent of alcohol in their system. It only takes two (2) alcoholic drinks to be well over .10 percent of alcohol in one’s system.
Because you had several drinks you will most probably be considered intoxicated at the time of your fall. As a result of your self-induced intoxication you will find it very difficult, if not impossible, to prevail.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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